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Maharashtra

Maharashtra political crisis: SC reserves Shiv Sena case to decide on referring to larger 7-Judge Bench

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uddhav shinde

New Delhi: A 5-judge Constitution Bench, headed by Chief Justice D Y Chandrachud, on Thursday reserved its verdict on the Maharashtra political crisis triggered by split in the Shiv Sena in June last year on whether to refer it to a larger 7-judge Bench in the context of 2016 Nagam Rebia verdict on powers of Assembly speaker to handle disqualification pleas.

Senior advocates Kapil Sibal and Abhishek Manu Singhvi, appearing for former CM Uddhav Thackeray, wanted a larger Bench to decide since the Rebia verdict was also by a 5-judge Bench.

The Bench sat beyond the break up to 1.45 pm to hear submissions from the senior lawyers appearing from Chief Minister Eknath Shinde and ex-CM Thackeray.

Heard counel from parties. Arguments addressed on the question of Nabam Rebia being referred to a larger bench. Orders reserved,” the CJI said on behalf of the Bench comprising Justices M R Shah, Krishna Murari, Hima Kohli and P S Narasimha.

Nabam Rebia case of Arunachal Pradesh

In 2016, a five-judge constitution bench, while deciding the Nabam Rebia case of Arunachal Pradesh, had held that the assembly speaker cannot proceed with a plea for disqualification of MLAs if a prior notice seeking removal of the speaker is pending decision in the House.

The judgement had come to the rescue of the rebel MLAs led by Eknath Shinde, now the chief minister of Maharashtra. The Thackeray faction had sought their disqualification noting that a prior notice seeking removal of the Deputy Speaker was pending in the House.

In the instant case, the Shinde group had sought removal of deputy speaker Narhari Zirwar, having an allegiance to Thackeray group, ahd asserted that he cannot disqualify anybody when a notice for his removal is pending.

‘Manipulation in legislature’

Sibal pleaded with the court not to allow toppling of the elected governments the way Shinde group did as it is a fundamental principle of democracy. He said what was done in Maharashtra was manipulation in the legislature, stressing that “it will happen and it has already happened.”

He said even if a thumping majority of say 40 out of 50 revolt, they can be disqualified by the Speaker or the Deputy Speaker under the 10th Schedule of the Constitution. Only the merger of the defectors with another party can save them from disqualification.

He and Singhvi ridiculed the Shinde group quoting the Nabam Rebia ruling in their notice against then deputy speaker of the Maharashtra Assembly, but their senior lawyers Harish Salve, N K Kaul and Mahesh Jethmalani now oppose a larger bench to vet the Rebia ruling. Solicitor General Tushar Mehta, appearing for the Maharashtra governor, also opposed reference to a 7-judge bench as it will delay the finality.


How Shinde became Maharashtra CM

They argued that Thackeray was asked by the Governor to prove his majority on June 30, but he resigned a day earlier and that led to Shinde becoming the Chief Minister. Sibal said the Shinde group rushed a notice to then deputy speaker to paralyse him.

He ridiculed the lawyers of Shinde group claiming that the issue is only academic, but the fact is that it has elected a new Speaker who cannot be removed now by the Thackeray group.

Sibal also indirectly hinted how then Justice Arun Mishra heard the defection case of Rajasthan against the Congress government almost on daily basis while putting off the Goa case for two years since the Congress MLAs had merged into the BJP to help it form the government.

Maharashtra

Drug dealer arrested in Mumbai with 1.5 kg of charas (cannabis resin)

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On October 24, Crime Branch Unit 9 (Bandra West, Mumbai) intensified its crackdown on drug peddlers, resulting in the arrest of an individual involved in the sale of narcotics. The police had received information that the accused was selling charas (cannabis resin) and other intoxicating substances from his residence. Acting on this intelligence and following the guidance of senior officers, a team from Crime Branch Unit 9—accompanied by independent witnesses (panches)—raided the premises on October 24. During the operation, 1.505 kilograms of charas were seized in accordance with legal procedures; the estimated value of the contraband is 15 million rupees (1.5 crore INR) based on international market rates.

A case has been registered in connection with this incident under the NDPS (Narcotic Drugs and Psychotropic Substances) Act. One individual, aged 40, has been arrested. Additionally, another person has been identified as a wanted suspect, and a search is currently underway to locate him.

This notable operation was carried out under the supervision of Police Commissioner Deven Bharti, Joint Commissioner of Police (Crime) Anil Kumbhare, Additional Commissioner of Police Krishnakant Upadhyay, and Deputy Commissioner of Police (DCP) Nonath Dhole.

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Maharashtra

Lawrence Bishnoi gang shooters had practised shooting in the Aarey Colony forest before opening fire at Tiger Shroff’s residence.

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Following the firing incident involving Tiger Shroff, an investigation has revealed that a businessman in Pune and a film star in Mumbai were on Lawrence Bishnoi’s target list. The gang’s objective is to instill fear among the film industry and the business community in order to extort money—specifically, to collect protection money or ransoms. The primary goal of the Lawrence Bishnoi gang is not necessarily murder, but rather the creation of terror and fear within the film industry and among business circles.

Currently, 56 operatives of the Lawrence Bishnoi gang are incarcerated in various Mumbai jails; they have been linked to over 10 criminal incidents in Mumbai and Pune over the past 2–3 years. Targeting Bollywood is a key objective for the Lawrence gang, and they have been involved in conspiracies to target film actors specifically to spread fear and terror throughout the business community.

In the Tiger Shroff case, it has emerged that the shooters underwent firearms training in the Aarey Colony forest. A shepherd witnessed the shooters practicing and serves as an eyewitness; according to him, three to four individuals trained there, and he saw them firing weapons. New revelations continue to surface in the case involving Tiger Shroff, with the Crime Branch making significant progress in its investigation.

Weapons have also been recovered in connection with the matter. Furthermore, the interrogation of the shooters arrested by the police has led to the discovery of a link to Anil Pandit—a member of the Lawrence Bishnoi gang—with whom the shooters were in contact.

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Maharashtra

Major action by Mumbai ANC: Drug peddlers arrested.

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On October 25, the Anti-Narcotics Cell (ANC) of Mumbai claimed to have arrested individuals—who were also wanted in a murder case—while they were in possession of narcotics. During a patrol near the main gate of Shri Krishna Complex, opposite the National Park in Borivali West, Mumbai, the Ghatkopar unit of the ANC apprehended three individuals who were allegedly selling ‘MD’ (Mephedrone). Upon searching them, 1.028 kilograms of Mephedrone was recovered. The police registered a case (Kasturba Marg Police Station, Case No. 728/2026) under Sections 8(c) read with 22(c) and 29 of the NDPS Act, 1985. During the subsequent interrogation, it was revealed that the arrested individuals were also involved in a murder case. They had brought the narcotics from Nalasopara with the intent of selling them at this location.

The arrested individuals include a 28-year-old man, another 28-year-old man, and a 39-year-old man. A total of 1.028 kilograms of Mephedrone was seized from the three suspects.

This successful operation was carried out under the guidance of Police Commissioner Deven Bharti, Joint Commissioner of Police (Crime) Anil Kumbhare, Additional Commissioner Kant Upadhyay, and DCP Purnima Chougule-Shringi.

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